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Canadian citizen visiting US - Can I legally work on Upwork?

I'm a Canadian citizen currently visiting the US on a B2 visitors Visa and had a few questions about working on Upwork:


Can I legally work remotely in Canada (or other countries) on Upwork even though I'm visiting the US on a B2 Visa?


I'm getting married to a US citizen soon, will there be any issues when I go for my green card interview if they see I was working on Upwork while on a B2 visa while in the US?


Edit: According to shieldgeo.com it looks like you need a Business/Work Visa if you are physically residing in the US. I also found an article on hykellaw.com stating "...under the US tax code, income from services performed for a foreign employer by someone present in the United States is considered to be 'US source income.'" It goes on to basically say that if you don't have a F-1, J-1, or Q visa it's a legal gray area and you are taking a risk. If anyone knows more about this I would greatly appreciate your insight.




Community Member

You should look into this further for confirmation, but I'm pretty sure that you can't freelance on a visitor's visa. A friend of mine was in the same situation as you (marrying an American citizen) and she wasn't allowed to do any remote work of any kind.

Ok thank you for the response. I asked an immigration lawyer and he wasn't
even sure. From what I've researched online it's a legal gray area and
risky to do.
Community Member


Upwork does not determine anybody's eligibility to work legally in any particular place.

But Upwork does ask that you comply with applicable local laws and regulations.


Nobody at Upwork - neither employee or Forum participant - would actually be able to tell you for certain what your eligiblity is. There are MANY possible factors involved. You could indeed look up information, and you should be able find resources which (a) indicate that you are eligible, (b) indicate that you are not eligible, and (c) indicate that it is a gray area. The problem is that you are reading static text written who knows how long about by people who have never even met you.


Upwork advises users to consult with local experts and authorities.

Here is the Homeland Security link about this topic-  https://www.uscis.gov/working-in-the-united-states


and here is the Social Security link - https://www.ssa.gov/people/immigrants/visa.html


Hope this helps.

Obviously you know many Canadians work legally in the United States, and many U.S. citizens work legally in Canada. If you don't have what you need right now, you can hire people who can advise you. There are even people you can hire on Upwork, although I am not necessarily recommending ONLY considering Upwork as a source of help.




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